Electrical Wholesalers Inc. v. Sylvania Electric Products Inc.

The evidence demanded a finding for the defendant as to the settlement of the June account in full. While the evidence shows that prior to sending the check in payment of the June account, the plaintiff had informed the defendant, both by letter and statements from its officials, that the commissions on the aircraft sales would not be allowed; yet the plaintiff received the check purporting to be in full payment of the June account (the one sued on), accompanied by a letter showing that the defendant was claiming credit for a $2000 commission on the aircraft sales. The plaintiff retained the…